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THE MONITOR: Commentary: Living on the border during immigration surge — a mayor's perspective

MCALLEN MAYOR JIM DARLING | GUEST COLUMNIST

I have met with senators, congressmen, state representatives, the lieutenant governor, higher ups in state government, federal officials, Mexican elected officials, immigration experts and advocates, Obama White House administrators, aid workers and volunteers, CBP, Border Patrol and State Department officials, the U.S. ambassador to Mexico, Mexican ambassador officials, officials from various Central American countries, the mayors from several Mexican cities and (several times) with the mayor of Reynosa.

I have flown on a DPS helicopter patrolling the river, visited maquiladoras in Mexico and attended their association meetings. I have been following the debates on immigration reform and border security and I have been interviewed by local, state and national media. Not surprisingly, I have come to a few conclusions with some recommendations.

The following are some suggested solutions and observations related to the border crisis:

-- Recommendation #1: Hold asylum/immigration hearings in Central America.

The “immigration crisis” really originated with the influx of children and families in March 2014. The surge overwhelmed U.S. Customs and Border Protection and Border Patrol facilities, which resulted in McAllen’s bus station becoming the “drop off” point for travel to areas all over the United States for the family “units,” while “unaccompanied” children were sent either to U.S. sponsors or holding facilities and family units made their way to sponsors and relatives. But all of them were (are) waiting for the asylum/deportation proceedings at federal immigration courts throughout the United States.

It is my understanding that there is a significant backlog of cases — Border Patrol and CBP weren’t the only agencies overwhelmed. It is also my understanding that a significant number of undocumented immigrants do not appear at their hearings — all of which adds to the number of illegal immigrants in the United States.

The present “turn-yourself-in-at-the-border philosophy,” followed by a release and a “notice to appear” for court hearing process obviously is not working. The determination to be made at the hearing is whether the children or family should be granted immigration status as a result of persecution at home, violence or other crimes within humanitarian immigration relief categories. Cartel violence, kidnappings and imprisoning families in the sex trade business are some factors included and, unfortunately, these factors seem prevalent among many coming from Central America (and now increasingly, Mexico, according to recent conversations with CBP officials).

So why not hold these hearings where the “facts” are? Hold preliminary hearings in the Central American countries where the children and families are coming from would:

(a) Eliminate the extremely dangerous journey through Mexico for the children and families and decrease cartel influence and profitability;

(b) Facilitate fact finding at the place of origin;

(c) If immigration status is not granted and if illegal entry was then intercepted deportation (i.e., repatriation) could be enforced at our border;

(d) Failure to appear in courts would be decreased, as would the corresponding illegal assimilation into American society.

Also, let’s get going on hiring immigration judges and prosecutors and we should provide legal representation to the adult applicants (currently unaccompanied children do receive legal assistance and information.)

-- Recommendation #2: Improve our foreign policy to Mexico and Central America.

The current conditions in Central America strongly encourage immigration to the United States for those desperate to flee drugs, gangs and violence. Our foreign policy ignores our neighbors to the south while we direct our attention and aid to countries in other parts of the world that do not have the actual and real impact of what is happening in Mexico and Central America and its effect on our border and nation. We must adopt sound foreign policies that have positive impacts in the curtailment of cartel violence and influence, and also enhance economic opportunities in those countries. We, as our foreign policy, were very willing to get involved in Central America to defeat communist governments or prop up dictatorships in the past; however, I would contend that the situation in Central America affects our interests now more than ever. Those past threats were based on political ideology while the threats today — violence, persecution and trafficking — are just as real. The Mexican cartel operations in northern Mexico represent a clear and present danger to our nation. Their operations involve the smuggling of drugs, terrorists and human trafficking to our country.

To those northern elected officials who feel unaffected: It’s not just the border because they are not stopping here, they are bringing it to a neighborhood near you. That threat, the cartel system, is the real border crisis and we should do something at its source. As our “war on drugs” program has shown over the last 30 years, you can only stop a fraction of the supply — most of it will get through. And announcing how many pounds of marijuana and other confiscated drugs is like the body count announcements during the Vietnam War and that didn’t win us that war, either.

-- Recommendation #3: Communicate across the aisle.

The impasse over not debating immigration until the other side of the aisle agrees to deal with border protection and vice versa is not responsible government. Each side has taken mutually exclusive positions so there can be no compromise. It reminds me of the Paris peace talks on the Vietnam War when the shape of the table was debated for months while American lives were being lost each day.

Congress needs to sit at the table and talk. The problem is not going away. Calling a news conference after an elected officials takes a boat ride on the Rio Grande is not working — it may help their reelection chances back home, but it is not solving America’s immigration problem.

-- Recommendation #4: We must recognize the illegal immigrants who are here because they are not leaving (reference the court backlog in recommendation #1).

 

It is impossible to detain and deport all 10 to 12 million illegal immigrants in our country. Most will have passed on to a better place long before the authorities and “system” ever get to them. We can’t hire enough law enforcement, lawyers or judges, or airplane pilots (to transport them back) to do the job. We should come up with an appropriate “status” to recognize that they are going to stay and will, or already have, become, for the most part productive members of our communities. Many come here on work and educational visas.

We should instead concentrate on the criminal element in our deportation efforts, as Secretary of Homeland Security Jeh Johnson last November pledged to do.

We also should recognize that our naturalized citizens spent years and dollars in the naturalization process and they should not have their efforts to become citizens demeaned. Congress should take that into consideration in coming up with the plan for the millions who are here illegally and didn’t go through the naturalization process. They should not be granted full citizenship with all accompanying rights but at the same time we should not restrict their ability to be productive and involved members of our communities, such as come out of the shadows and pay appropriate taxes.

-- Recommendation #5: Border protection that works.

According to recent statistics, the number of apprehensions of immigrants illegally crossing the border has actually decreased in part because less are coming across as the Border Patrol’s presence has increased. And while more manpower is effective it is not an economical answer. Enhanced technology with more effective use of existing manpower is needed.

Erecting a “border fence” affects property rights and has not proven to be a significant deterrent — at most, it’s an inconvenience. As long as there is a will there will be a way over, under, around or through any fence we build — so let’s work on the will.

-- Recommendation #6: A safe border is not a closed border.

The federal government needs to devote more attention to one of the real border issues: trade and commerce with our neighbors to the south.

We need to provide more personnel and equipment at the ports of entry. Tens of thousands of people and hundreds of millions of dollars worth of commercial goods and products cross the border legally each day. Not only do our border communities depend economically on this efficient flow of commerce, but so does Texas and our country. Manufacturing in Detroit depends on parts coming from Mexico. American families enjoy lower costs of fruits and vegetables that come from all over the world through border ports. Yet, federal agencies that staff and operate custom facilities at these ports are understaffed, under equipped and underfunded. By the way, they also provide and fulfill a very important national security mission and therefore the federal government should provide them what is needed to accomplish their jobs.

-- Recommendation #7: Help.

The situation in McAllen relating to providing for some humanitarian relief to the families being released by federal authorities at our bus station is really, in my opinion, an extension of the immigration/asylum process (and failures of the system) and therefore the cities and charities that are providing this relief should be reimbursed, as a new FEMA provision — put in by U.S. Rep. Henry Cuellar, D-Laredo, and U.S. Sen. John Corny, R-Texas — so dictates. It is certainly not fair for the taxpayers and donors of McAllen to pay for this problem, a problem they did not create. We hope that the work of Sen. Cornyn and Congressman Cuellar provides for that funding as announced on April 7, and we thank them for that. We also hope that the federal government will hire and fund more social workers as the Border Patrol and Immigration and U.S. Immigration and Customs Enforcement are not adequately suited to handle children and their particular needs and circumstances.

-- Recommendation #8: Don’t mess with (South) Texas.

I believe that most of the border surge in Texas is a reaction to the federal governments “non-reaction” to this immigration crisis (which I believe was created by the media). The actual crisis has nothing to do with the border but is actually the terrible conditions found on the journey through Mexico in order to reach the United States while fleeing the real crisis that was happening to the people in Central America. The families and children fleeing the real crisis in their homelands caused an over capacity situation for the Border Patrol and shed light on the terrible conditions in Central America and the journey through Mexico but it did not cause a “border crisis” in terms of illegal entry.

Nonetheless, at the Capitol in Austin, the mantra was and is: “If the feds won’t protect our border, Texas will!” While we on the border appreciate the concern (we had almost gotten used to being ignored) and the filling up of our restaurants and hotels with DPS officers, we don’t need any more bad publicity regarding how “dangerous” South Texas is. There is no question that the DPS has had some influence on catching criminals in our area (especially the rural parts of South Texas,) but how does that compare to the costs so far expended in relation to its accomplishments, so far?

Wouldn’t that money be better spent on local law enforcement enhancement and a better communication system for our local agencies? Our cities are safe, our lives are normal. What we really would like people to know is that the Rio Grande Valley is a great place to live in and visit. So please Austin: Send us some money to get that message out.

http://www.themonitor.com/opinion/commentary-living-on-the-border-during-immigration-surge-a-mayor/article_5f3e1196-eadf-11e4-a46d-0fa4aff544a1.html